Mom of accused killer files wrongful death lawsuit

Salinas isn’t the only local municipality facing a wrongful death lawsuit.

On Thursday, the mother of an accused killer who committed suicide at the Monterey County Jail filed a federal lawsuit blaming a slew of law enforcement and medical professionals for allegedly ignoring the signs of her son’s mental distress.

Joshua Claypole, 20, was taken off life support six days after he hanged himself on May 4, 2013, in his jail cell. At the time, Claypole was being held on $1.1 million bail for the stabbing death of Daniel Garcia Huerta.

Huerta, a taxi driver, had picked Claypole up on May 1 in Carmel. A few minutes later, Claypole allegedly stabbed Huerta and carjacked a nearby woman. He was arrested in Seaside 16 minutes later.

But, as the suit alleges, if medical or law enforcement professionals had intervened when they spotted the signs of Claypole’s rapid psychiatric decline, neither death would have occurred.

Claypole, of Big Sur, had well-documented mental health concerns prior to his arrested in May 2013. In high school, he struggled with substance abuse and began exhibiting signs of mental illness, according to the suit.

“When on his prescribed medications, he was funny, loving, creative and thoughtful, often talking openly about his growth as a young adult,” according to the suit. “During periods of instability, however, he struggled with anxiety, aggression and substance abuse.”

Days leading up to his death, Claypole was scheduled for an appointment with his psychiatrist on May 2. By April 27, he’d stopped sleeping, “believed he had telepathy and thought that others were communicating with him through their thoughts,” according to the suit.

On April 30, Claypole was arrested in Redwood City on suspicion of driving drunk after a sleepless night at a friend’s house. He was booked into the Maguire Correctional Facility, where medical staff failed to note his slurred speech and apparent intoxication, the suit alleges.

He was later prescribed three psychotropics not on his regular docket of medications, according to the suit.

Jail staff later released Claypole on his own recognizance.

Twice on May 1, at 8:30 and 11 a.m., Claypole attempted unsuccessfully to receive mental health care at the Community Hospital of the Monterey Peninsula. Both times, CHOMP personnel called the Monterey Police Department, according to the suit.

Claypole then withdrew money from a Monterey-area Wells Fargo. Employees described him as “on a substance,” “very unstable,” “out of it” and “in and out of consciousness.” According to the suit, Claypole was likely attempting to rent a car to drive back to Redwood City where his personal vehicle had been impounded.

He asked bank staff to hail him a cab.

At 1:10 p.m., Claypole stabbed Huerta, according to the suit.

Upon his capture, he reportedly asked a Monterey police officer — one of the named defendants — “Can you ask for the [lethal] injection?” Claypole continued asking police if he would be sentenced to death and whether his mother would obtain his remains.

That night, Claypole met with his attorney, John Klopfenstein, at the Monterey County Jail, where he was being held, according to the suit. Klopfenstein, upon witnessing Claypole “paranoid and talking about killing himself,” asked that his client be placed on suicide watch.

Medical professionals didn’t indicate in any forms that Claypole exhibited any signs of suicidal tendencies and didn’t properly note Claypole’s psychiatric history, according to the suit.

It wasn’t until two days later, at 2:35 p.m. on May 3, Claypole was placed on suicide watch. Then, inexplicably, Claypole was released from suicide watch at 6:30 a.m. on May 4, according to the suit.

Medication that Guersenzvaig delivered that day for Claypole appears to have never been administered, according to the suit.

An hour and a half later, Claypole was found hanging from a bed sheet in his cell. Nearby, deputies found a note in which it appeared he’d written, “I love you mama. I’m sorry for all the pain I have brought you mama. I love you very much. Maybe I will see you again. Love, Joshua.”

Jail logs indicate Claypole hadn’t been checked on at that point in over six hours. He was released from suicide watch on a weekend when no mental health staff is on duty, according to the suit.

Before arriving in Monterey County, Claypole had been housed in San Mateo County facilities.

Local defendants are alleged to have ignored increasing signs of mental health failures at the Monterey County Jail. The suit goes on to point out 2011 and 2013 reviews that indicate negligent supervision and understaffing at the Monterey County Jail.

“These deficiencies are even more troubling in light of the assessment’s (2011) finding that approximately 15 to 20 percent of the jail’s inmates suffer from mental health issues,” according to the suit.

In addition to wrongful death, the suit alleges violations of Claypole’s First and Fourteenth Amendment rights, professional negligence/medical malpractice, failure to furnish/summon medical care and negligent supervision, training, hiring and retention.

Although no monetary value has been assigned, damages and a jury trial are requested.

David Silberman, of the San Mateo County Counsel’s Office, called the inclusion of San Mateo County in the lawsuit “a stretch at best.”

He noted Claypole was only incarcerated in San Mateo County for six hours.

“It appears they’re trying to say we should have been able to prevent what happened,” he said.

Silberman said he imagined San Mateo County and its sheriff likely would be dismissed from the lawsuit in the future.

Christine Davi, Monterey city attorney, and Brenda Moore, CHOMP assistant director, declined comment Friday. Davi said the city had yet to be served with the lawsuit. Moore extended the hospital’s thoughts and sympathies to Claypole’s family.

Representatives of the Monterey County Counsel’s Office and California Forensic Medical Group did not return calls for comment.